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2025 DAILYLAW 17239 (HP)

Sunil Kumar v. SURINDER GARG

CRMPM/1374/2025 · 2025-06-27

Rakesh Kainthla

body2025

Judgment text

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Sunil Kumar vs. Surinder Garg. Cr. MP(M) No. 1374 of 2025 Order Reserved on: 19.06.2025 27.06.2025 Present: Mr. Arun Kumar, Advocate, for the applicant. The present application has been filed for condonation of 16 days’ delay in filing the criminal revision petition. It has been asserted that the applicant was asked by his counsel to prefer the criminal revision after arranging the money. The applicant visited the counsel with the judgment of the learned Appellate Court without a record of the case and without making any arrangement for money. His financial condition is not good. The applicant was asked to come with a certified copy of the judgment of the learned Trial Court. The applicant visited the office in the 2nd week of June under the bona fide belief that the time for preferring the revision was still there; however, the revision was barred by limitation; hence, the application. As per the report of the Registry, the revision is barred by 16 days. The plea of the applicant that he did not have sufficient money with him to prefer the revision is duly supported by an affidavit and cannot be disbelieved at this stage. Since the person cannot be deprived of his right merely because he does not have sufficient money with him, therefore, the explanation submitted by the applicant is accepted, and the 16 days’ delay in filing the revision is ordered to be condoned. The present application stands disposed of. Cr. Revision No. __of 2025 Be registered. List the matter for consideration after two weeks. (Rakesh Kainthla) Judge 27th June, 2025 (saurav pathania)